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| Christian Marriage Act of 1872, whereas in India under the only five reasons are accepted as grounds for divorce. A Christian woman can seek maintenance or alimony in a civil or high court under the Indian Divorce Act 1869. You can either claim maintenance from your husband through a civil or criminal proceeding. However, unlike a civil proceeding, in criminal proceedings a person's religion does not matter. Unlike the Hindu Marriage Act where both husband and wife can seek maintenance, under the Christian Act only the wife can seek maintenance. And you will be eligible for maintenance as long as you don't remarry. The day you remarry the contract of maintenance stands terminated. |
Grounds For Divorce The respondent has committed adultery; or has ceased to be Christian by conversion to another religion; or has been incurable of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or has willfully refused to consummate the marriage and the marriage has not therefore been consummated; or has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or has deserted the petitioner for at lease two years immediately preceding the presentation of the petition; or has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent. A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.
Divorce by Mutual Consent
A marriage can also be dissolved under the mutual consent of both parties. To get divorced by mutual consent, you need to submit proof of marriage such as the marriage certificate or the invitation card. Under normal circumstances, it may just take six months from the date of filing the petition to get the divorce. The maximum time limit for granting a divorce by mutual consent is 18 months.
Consequences of Divorce Economic:- There is great disparity between the economic ramifications of divorce between men and women. Men remain relatively unaffected while women, especially those with children, have difficulty "providing food, clothing and shelter for themselves and their children." The government in urban areas usually provides some form of public assistance to single mothers, but this service is not fully taken advantage of because most do not know of its existence. Social:-. While India feels that one should have the right to divorce, it is still a highly stigmatizing action. Women are looked upon more harshly than men in this regard. There continue to be segments of Indian society that feel divorce is never an option, regardless of how abusive or adulterous the husband may be which adds to the greater disapproval for women. A divorced woman often will return to her family, but may not be wholeheartedly welcomed. She puts, especially if she has children, an economic burden on her family and is often given lowly household tasks to perform.
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